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12-14-98 CCCITY OF OTSEGO WRIGHT COUNTY, MINNESOTA CITY COUNCIL MEETING 6:30 PM COUNCIL CHAMBERS OTSEGO CITY HALL DECEMBER 14, 1998 1. Mayor Larry Fournier will call meeting to order Mayor Fournier called the meeting to order at 6:31 PM. Mayor Fournier led in the Pledge of Allegiance. Mayor Larry Fournier: Council: Virginia Wendel, Suzanne Ackerman, Vern Heidner, Mark Beming. Staff: Mike Robertson, City Administrator; Elaine Beatty, City Clerk/Zoning Administrator; Judy Hudson, Deputy Clerk/Treasurer; Andrew MacArthur, City Clerk/Zoning Administrator; Dan Licht, City Planner; Larry Koshak, City Engineer. Also attending was Ron Wagner from Hakanson, Anderson. 2. Consider agenda approval_. CM Heidner requested to add under Item 3.B. Truth in Taxation Hearing Minutes of December 7, 1998. CM Wendel requested to add under Item 7.6.1. Discussion of Gil Darkenwald's letter requesting a Street Light at 42 and Quaday and also Discussion of EDAAC under Item 9.LB1. Mayor Fournier requested to add under Item 9.2.B. Set a Public Works Sub -committee meeting. Under Item 9.2.C. Discussion of School District 728 Meeting with surrounding cities and also under Item 9.2.D. Mike Robertson's letter of 12-9-98 regarding the Peavey House. Mike Robertson requested to add under Item 9.2.E. Set a Otsego Creek Authority Meeting. CM Heidner motioned to adopt the December 14, 1998 City Council Agenda as amended. Seconded by CM Berning. All in favor. Motion carried. 3. Consider Minutes: A. Regular Council Meeting of November 23, 1998, CM Berning motioned to approve the November 23, 1998 City Council Meeting Minutes. Seconded by CM Ackerman. All in favor. Motion carried. B. Truth in Taxation Hearing Minutes of December 7 1998 CM Berning motioned to adopt the December 7, 1998 Truth in Taxation Hearing Minutes. Seconded by CM Heidner. All in favor. Motion carried. City Council Meeting of December 14, 1998, cont'd. Page 2. 4. Oren Forum: 4.1. A_ Senator Mark Ourada and Representative Bruce Anderson - Discussion with Mayor and Council of legisla iy iss s. (7:21 PM) Senator Mark Ourada briefly reviewed some of the issues the Legislator will be discussing this next session: reducing the alcohol limit for DWI's, moving the primary election to June, deregulation of electric service, Y2K, consolidating the police and fire pension plans, repealing the sales tax for local government, and the State Budget surplus. Senator Ourada said he supports repealing the sales tax for local governments. Representative Bruce Anderson stated his top priority is the State Budget Surplus. He supports a permanent sales tax and property tax reduction. Another House priority is education. Besides looking at moving the primary the House wants to try and bring down the number of candidates for the four party to 2 candidates for the election. Transportation issues include looking at commuter rail from St. Cloud to Minneapolis. Mayor Fournier strongly encouraged Senator Ourada and Rep. Anderson to repeal the sales tax for local government units. Mayor Fournier asked if any appropriations are going to drug fighting. Rep. Anderson said there is legislation going forward to deal with that and gangs. CM Heidner also supported to repeal the sales tax for local government. He also stated he would like to see school dedication fees placed on new housing similar to Park and Trail Fees. Senator Ourada stated this has been previously looked at and he didn't think there was a lot of support for this. CM Wendel encouraged the legislators to lower income tax and property tax rather than sales tax. CM Berning also encouraged this since it affects MN residents. CM Berning also asked about year around school. Mike Robertson thanked both Senator Ourada and Rep. Anderson for all their support with the MPCA. He said that local decisions should be made by local officials, and urged the legislators to support efforts to give more authority to local governments. B. Jay Swanson, resident and Tom Constant P & R - discussion of a newly formed Otsego Snowmobile Club. Jay Swanson, 9320 Kahler Avenue NE. Mr. Swanson introduced the newly formed snowmobile club "Otsego Great River Riders". Their intent is to promote safe and responsible snowmobiling in the City. If anyone is interested in joining they can contact Jay at 428-8545. The cost is $40 a year. The next meeting is at the Elk River American Legion on January 5, 1999, the February meeting will be held at the Riverwood Conference Center. Mayor Fournier stated support for this Club and asked for Trail Maps for the City Hall. CM Heidner suggested members be available for safety checks and to give out free information on the City's Ordinances. City Council Meeting of December 14, 1998, cont'd. Page 3. 4.2. Any()pen Forum - No one else appeared on Open Forum. 5. Consent Agenda 5.1. Approval of Abdo, Abdo, Fick & Meyers Auditing Contract for 1998. 1999 and 2000- 5.2. Approval of Zoning and Subdivision Ordinance Summaries for publication- 5.3- Approval of Otsego -Dayton Sewer Use Agreement Mayor Fournier motioned to approve the Consent Agenda Item 5.3. contingent upon obtaining necessary permits to build the Wastewater Treatment Plant. Seconded by CM Wendel. CM Berning motioned to amend motion to remove Item 5.3. from Consent Agenda and placed under Item 7.6. Seconded by CM Heidner. Mayor Fournier withdrew his motion. CM Wendel withdrew her second. CM Heidner motioned to adopt the Consent Agenda as amended with Item 5.3. removed and placed under Item 7.6. for discussion. Seconded by CM Berning. All in favor. Motion carried. 6. Dan Licht,City Planner_ 6.1. Consideration of Zoning Ordinance Amendments directed by Comprehensive Plan (Rural Cluster Development), Dan Licht referred to NRC's Memo of December 10, 1998 regarding the Zoning Ordinance Revision: Cluster Housing. Mr. Licht made the following recommendations: Page 9. Figure 77-C-3 should read Figure 77-C-2. Page 12. Remove the word "park" from Figure 77-D-4 and 77-D-5. Page 14, 20-7-09.B.2. Change the word "Basic" to " Retention basin". Mayor Fournier asked if trail fees could be taken out of the open space same as park fees. Mr. Licht said they could. Mayor Fournier asked the City Attorney if he was comfortable tying open space to the lots. Mr. MacArthur responded that the conditions are subject to Council approval. CM Heidner doesn't see Mining fitting in under Conditional Uses since this would probably be done prior to rezoning. CM Heidner motioned to remove Section D. from 20-77-5: Conditional Uses which will result in changes to E. F. G. and H under Section 20-77-5. Seconded by CM Ackerman. All in favor. Motion carried. CM Wendel asked if a PUD could be requested if someone wanted one acre lots. Dan Licht said yes and a request for communal septic systems would also use that process. CM Heidner motioned to approve Summary Ordinance No. 98-9A amending the Zoning Ordinance to include the Rc, C, Section 77, amending Section 20-2-2-.). Section 20-27-4.R. Seconded by CM Ackerman. All in favor. Motion carried. City Council Meeting of December 14, 1998, cont'd. Page 4. 6.2. Any other Pl nning Business. There were no other Planning items. 7. Larry Koshak, City Engineer: The Council discussed with the staff the June 1, 1999 date on Page 2, the termination agreement on Page 4, Item 8 on Page 5, and phosphorus limits. Mayor Fournier motioned to approve the Sewer Use Agreement with City of Otsego and City of Dayton as written. Seconded by CM Ackerman. All in favor. Motion carried. 7-1- Consider approval and adoption of the Feasibility Report for Odean Avenue (CSAH 37 to 39) Protect, COP #98.05. Larry Koshak went over the different assessment scenarios as outlined in the attachments. The Council discussed assessing each parcel $3,500. CM Berning motioned to set the assessment at $3,500 per parcel based on an estimated easement cost. Seconded by Mayor Fournier. All in favor. Motion carried. CM Berning motioned to accept the Feasibility Report for Reconstruction of Odean Avenue as amended. Seconded by CM Wendel. All in favor. Motion carried. The Odean Avenue Information Meeting is January 7, 1999, 7 PM. CM Heidner requested for the City Engineer to show how much ROW from each parcel will be needed. 7.2_ Water Tower & Tank COP#98.03 Consider for approval revised Change Order #1 CM Heidner motioned to approve revised Change Order #1 for the Tank and Tower Structure. Seconded by Mayor Fournier. All in favor. Motion carried. Update1 •SII. 11 11 well •1 •1 Koshakgave a brief update. 7.4. Public Works: Data & spreadsheets for your information - No action 1' r a) Revised sl)readsheets for 1999 Seal Coating, Gravel, Striping and Crackfilling- b) Bituminous Program 9•• oo Mayor•urnier set a Council Workshop for discussion of Program on February 3, 1998 at 4 PM. City Council Meeting of December 14, 1998, cont'd. Page 5. Mayor Fournier motioned to reimburse the City Engineer $300 which he paid Kevin Lefebvre for crop reimbursement. Seconded by CM Wendel. All in favor. Motion carried. The Council was in consensus that in the future the City would not ask residents not to plant crops. 7.67.6Any other Engineering items - 7.6.1. em.c7.6.1. Street Light at 42 and Quad yrequested y Gil Darkenwald. The Council directed Mike Robertson to write a letter to Mr. Darkenwald stating the City will not install a street light until the road is paved. 8. Andrew MacArthur,CityAttorney* 8.1. Hearing for Pattern Station, Inc- DBA Riverwood Inn and Conference Center to consider: A. A Special Sunday On -Sale Liquor License (6 MO) Mayor Fournier opened the Hearing at 8:14 PM. Elaine Beatty stated all noticing requirements have been completed. Andrew MacArthur stated all documents and insurance requirements seem to be in order. Mayor Fournier opened the Hearing for Public Comment. No one appeared. CM Heidner motioned to close the Public Hearing. Seconded by CM Ackerman. All in favor. Motion carried. Hearing closed at 8:16 PM. CM Berning motioned to adopt a Special Sunday On -Sale Liquor License for six (6) months for Pattern Station, Inc. DBA Riverwood Inn and Conference Center. Seconded by CM Wendel. All in favor. Motion carried. There was none. 9_ Council Item.s- 9.1. A_ Set Final Property Tax Levy for 1999 CM Berning motioned adopt Resolution 98-30 setting a Final Property Tax Levy of $827,613 for 1999 Budget. Seconded by CM Wendel. All in favor. Motion carried. B_ Any other Council Raciness h. l _ EDAAC Discussion CM Wendel asked the Council for their input on the EDAAC. After discussion, the Council suggested a EDA Meeting would be more appropriate place to discuss issues of the EDAAC. Mayor Fournier will contact LeRoy Lindenfelser. CM Heidner stated he attended the last Parks and Recs. Meeting where the issue of how to use of the money collected from their events was discussed. CM Heidner noted the budgeted amount for their activities was set at $10,000 but the Council also expects revenues of $3,000. The Commission felt they should be able to spend any money they City Council Meeting of December 14, 1998, cont'd. Page 6. take in. CM Heidner agreed but would like to wait until the end of the year to be certain that the Park & Rec. Budget is in surplus before giving them the surplus. Mike Robertson agreed. After further discussion, Council was in consensus that the Parks and Rec. Commission could keep their surplus funds but are to wait until the end of the budget year to spend them. All spending must be approved by Council. 9.2_ Mike Robertson, City Administrator - indate. . A. Set Administrative Sub- .ommi e . Meeting Mayor Fournier set December 21, 1998 4 PM (Monday). B. Set Public Works Sub -Committee Meeting, Mayor Fournier set January 13, 1999, 4 PM (Wednesday). C. School Board Meeting of January 12. 1999_ Mike Robertson explained this meeting is for all the surrounding communities to meet with the School Board to discuss future growth and issues. D. Peavey House Mike stated he has met with a Management Firm who feel a 12 month lease and $500 monthly rental would be appropriate. They will also be doing the background checks for rent applicants. Council was in consensus that this was agreeable to them. F._ Otsego Creek Authority - Mayor horiy,Mayor Fournier directed Mike Robertson to check with Albertville for either the 13th or 27th of January for a meeting. 9.3_ Elaine Beatty, Elaine did not have any items. CM Ackerman motioned to approve the Claims List as presented. Seconded by CM Wendel. All in favor. Motion carried. 9.5_ Adjourn by 10 PM_ CM Ackerman motioned to adjourn. Seconded by CM Heidner. All in favor. Motion carried. Meeting adjourned at 10:30 PM. C2 Fournier Beatty, City Clerk/Zon *g Adm. Hudson, Deputy Clerk